Terms of Use

1. Scope

Any use of this web site provided by Güdel Group AG and/or its affiliates (hereinafter referred to as "Güdel"), "Güdel-Website, Web-App or App" (hereinafter referred to as “Güdel-Website”), is subject to these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g . for the purchase of products and services. In accessing or using the Güdel-Website these Terms of Use are accepted in their then current version.

2. Services

This Güdel-Website contains specific information, software, documentation, photos, pictures, videos as well as related documentation (hereinafter referred to as ”information”), for viewing or downloading.

The information on the Güdel-Website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

Güdel may stop the operation of the Güdel-Website in full or in part at any time.

3. Rights of Use to Information, Software and Documentation

The use of any information made available on or via this Güdel-Website is subject to the Term of Use applicable at the time. Güdel reserves the right to adapt the Term of Use at any time. Separately agreed to license terms, shall prevail over these Terms of Use.

Güdel grants the User a non-exclusive and non-transferable license, which may not be sublicensed, to use the information, software and documentation made available to the User on or via the Güdel-Website to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Güdel in making same available.

4. Intellectual Property

Information, brand names and logos of the Güdel-Website may not be changed, copied, reproduced, sold, rented, recorded, archived, supplemented or otherwise used in any other way without the prior written permission of Güdel.

Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.

Güdel may without charge use any ideas or proposals deposited by a User on the Güdel-Website for the development, improvement and sale of its products.

5. Duties of the User

In accessing or using the Güdel-Website the User shall not

upload any contents containing a virus, Cookies, Trojan Horse, or any other program that could damage data;
transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material.

Although Güdel makes every endeavor to keep the Güdel-Website free from viruses, Güdel cannot make any guaran-tee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any infor-mation, software or documentation.

6. Liability

Due to the nature of the internet and computer systems, Güdel cannot accept any liability for the continuous availability of the Güdel-Website. Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded, provided this is permissible by law. Further Güdel cannot accept any liability for harmful software, who reaches the user’s electronic devices during the use or downloading of information.

The Güdel-Website may contain hyperlinks to the web pages of third parties. Güdel shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Güdel does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

7. Data Privacy Protection

For collection, use and processing of personally identifiable data of the User of the Güdel-Website, Güdel shall comply with applicable laws on data privacy protection. Güdel reserves the right to record accesses to the Güdel-Website for the purpose of security analysis and to defend against cyber-attacks. With the exception of the IP address, no personal data is ever collected or used in this connection. IP addresses are analyzed only in the event of a cyber-attack. Log data is promptly deleted on a regular basis. In addition, Güdel collect personal data in connection with the operation of the Güdel-Website only when the user has voluntarily provided such data to Güdel and when Güdel is entitled to process or use such data by virtue of permission granted by the user or on the basis of a statutory provision. As a general rule, Güdel uses such data only for the purpose for which the user divulged the data to Güdel.

8. Applicable Law and Place of Jurisdiction

Swiss law shall be applicable subject to the exclusion of UN convention on contracts for the international sale of goods (CISG) and the rules of international private law.

The exclusive place of jurisdiction shall be Langenthal, Canton of Bern, Switzerland.